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4646 Dakota Street SE
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JULY 7, 2013
AGENDA #: 6B
PREPARED BY: JEFF MATZKE, PLANNER
PUBLIC HEARING: NO
AGENDA ITEM: CONSIDERATION OF A REQUEST TO INITIATE THE REVIEW OF
AMENDMENTS TO SECTION 1102 AND SUBSECTION 1104.402
DISCUSSION: I ntroduction
The purpose of this agenda item is to consider a request for the Planning
Commission to initiate the review of amendments to Section 1102 and Sub
section 1104.402 of the Prior Lake Zoning Ordinance.
Current Circumstances
City Staff have been discussing possible amendments and updates to the Prior
Lake Zoning Ordinance to clarify zoning interpretations and provide consistency
in code enforcement. Staff is requesting the Planning Commission initiate the
review of amendments for the following sections of the Prior Lake Zoning
Ordinance:
Section 1102.306, 1102.405, 1102.505 — (Dimensional Standards in the
Residential Use Districts)
Additional language is desired to clarify the zoning interpretation of side yard
setbacks involving long building walls greater the 60 feet in length. The current
language which describes the wall breaks desired and intent of the ordinance
appears unclear. Changes such as the following are proposed to provide
clarification.
The width of the side yard setback abutting a building wall shall be increased 2 inches for each 1
foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if
there is a ap rallel break or division in the building wall equal to 10% of the entire length of the wall.
The break must be a minimum inset or "bump out" of 2 feet and cannot occur at the end of the
entire wall section. For the purpose of this subsection, a wall includes any building wall within 10
degrees of being parallel to and abutting the side lot line of a lot
Section 1104.402 — (Grading Alterations in the Shoreland District)
The following typographical change is proposed to be consistent with the
intended interpretation of the City Ordinance. Both categories of item 3a and 3b
do not need to be met for a grading and filling permit to be required.
Topographic Alterations/Grading And Filling:
(1) Grading and filling and excavation, including the import or export of materials
within the bluff impact zone is not permitted. However, the movement or grading
of existing materials within the bluff impact zone may be permitted subject to
approval of a grading permit. Grading and filling and excavations in all areas
within the Shoreland District necessary for the construction of structures,
sewage treatment systems and driveways under validly issued construction
permits for these facilities do not require the issuance of a separate grading and
filling permit. However, the grading and filling standards in this subsection must
be incorporated into the issuance of permits for construction of structures,
sewage treatment systems and driveways.
(2) Public roads and parking areas are regulated by Subsection 1104.403.
(3) Notwithstanding subsections (1) and (2) above, a grading and filling permit will
be required for:
a. The movement of more than 10 cubic yards of material on steep slopes
and within the shore impact zone, apd or
b. The movement of more than 50 cubic yards or 500 square feet.
ISSUES: City staff has identified areas within the Prior Lake Zoning Ordinance which may
need to be amended or updated. The Planning Commission has the authority
to initiate the review of such amendments by motion.
Conclusion
Section 1108.500 of the Zoning Ordinance states, the City may, either by its own
initiative or by petition of a property owner, consider amendments to the formal
text of the ordinance. Amendments to the ordinance may be initiated in one of
four ways:
➢ The Planning Commission may initiate the review of such amendments by
motion.
➢ The City Council may on its own motion initiate amendments by referring
them to the Planning Commission for review.
➢ Any property owner may formally petition the City to consider an amendment
to the Official Zoning Map for land for which he/she is property owner.
➢ Any individual may petition the City to consider an amendment to the formal
text of this Ordinance.
City staff recommends the Planning Commission initiate the review of
amendments to Section 1102 and Subsection 1104.402 of the Prior Lake Zoning
Ordinance.
Should the Planning Commission choose to initiate the amendment process,
staff anticipates providing reports for Planning Commission in the near future.
ALTERNATIVES: 1. Motion and second initiating the review of amendments to Section 1102.405
of the Prior Lake Zoning Ordinance.
2. Motion and second denying the request to initiate the review of amendments
to Section 1102.405 of the Prior Lake Zoning Ordinance.
3. Motion and second initiating the review of amendments to specific sections
of the Prior Lake Zoning Ordinance as directed by the Planning Commission.
4. Provide direction to staff and continue discussion at a future meeting.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS: